ABKCO Music & Records, Inc. v. Montague

It is uncontroverted that from 1999 to 2005 plaintiff advanced funds to defendants to aid them in cataloging á collection of African American art and memorabilia. Flaintiff asserts that the funds advanced constituted a loan, while defendants contend that the advances were intended as gifts. In support of its claim, plaintiff presented three witnesses who testified that the advances were made as loans. At the close of plaintiffs case, defendants moved for a trial order of dismissal. After the court reserved decision on the motion, defendants rested without presenting a case. The court then…